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5 Cards in this Set
- Front
- Back
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Valid Plea: Rule |
For a guilty plea to be valid the judge must establish it is voluntary and intelligent |
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Plea Taking Colloquy: Rule |
before taking plea, judge must conduct colloquy in open court in whcih she addresses on teh record 1) nature of charges,including required elements 2) consequences of guilty plea |
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NY Plea Colloquy non citizen rule |
Court must inform defendant no an american citizen the risk of deportation as a consequence of pleading guilty to felony |
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Withdrawing a guilty plea: when allowed |
1) the plea was involuntary, due to defect inplea collquy 2) the defendant prevails in an ineffective assistance of counsel claim 3) the prosecutor fails to fulfill bargain |
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Withdrawing a guilty plea: ineffective assistance of counsel by failure to warn of deportatin: rule |
Failure to warn of risk satisfies deficiency requirement, defendant must ony show that a decision to reject the plea with the wanring would have been rational under the circumstances |
